HC pulls up authorities over deficient compliance affidavit

Action against establishments violating safety norms

Fresh, comprehensive report sought

Excelsior Correspondent

JAMMU, Aug 29: The High Court of Jammu & Kashmir and Ladakh has directed the Commissioner, Jammu Municipal Corporation, to file a fresh and comprehensive affidavit strictly in conformity with the earlier directions, warning that failure to comply could constrain the court to initiate appropriate coercive proceedings against him, Director, Fire and Emergency Services, Vice Chairman, Jammu Development Authority and the Inspector General of Police (Traffic).

The direction was passed by Justice Wasim Sadiq Nargal in matter titled ADM Jammu Municipality and Another Versus Surat Singh and Another, after senior counsel appearing for respondent submitted that the affidavit filed was not in conformity with the directions issued by the court vide detailed order dated 02.07.2026.

Rahul Pant, senior counsel, contended that the affidavit was deficient inasmuch as it did not adequately address the specific directions contained in the earlier order and submitted that a fresh affidavit was required to be filed strictly in compliance with the directions issued by the court.

The court, having regard to the urgency expressed by counsel appearing on behalf of the respondents, adjourned the matter for a period of one week and directed the petitioner to file a fresh and detailed affidavit strictly in conformity with the directions issued on 02.07.2026.

The affidavit shall disclose the steps proposed to be taken or already taken towards implementation of the directions against all the defaulters mentioned in earlier directions passed by the court.

The High Court made it clear that the fresh affidavit shall be filed on or before the next date of hearing positively, with an advance copy thereof being furnished to counsel appearing for the respondents, failing which the court shall be constrained to initiate appropriate coercive proceedings against the concerned officials.

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The court referred to the operative part of its order dated 02.07.2026 to appreciate whether the directions issued by it had been implemented by the stakeholders in their letter and spirit. The Commissioner, Jammu Municipal Corporation, had been directed to file a fresh and comprehensive affidavit responding to the supplementary affidavit filed by respondent by furnishing details of the action taken in pursuance of notices issued to each defaulting establishment, area-wise and in the same manner in which the particulars had been furnished in the supplementary affidavit.

The court had specifically directed the Commissioner to indicate the total number of hotels, commercial establishments, coaching institutes and similarly situated buildings functioning within the jurisdiction of the Jammu Municipal Corporation. The affidavit was also required to disclose the number of such establishments granted building permission and occupancy/completion certificate in accordance with law.

It was further required to disclose the number of establishments found to have raised construction in deviation from, or without, any sanctioned building plan, specifying the nature and extent of such deviations. The court had also directed disclosure of the number of establishments which do not possess the mandatory parking facilities required under the applicable Building Bye-laws, the Master Plan and other statutory regulations.

The affidavit was also required to indicate the number of establishments functioning without the requisite Fire Safety Clearance/No Objection Certificate from the competent Fire and Emergency Services Department or whose fire safety installations are deficient.

The Commissioner was further required to indicate whether periodic inspections are undertaken by the Jammu Municipal Corporation and other competent authorities to ensure compliance with municipal laws, building regulations and fire safety norms and the mechanism adopted for carrying out such inspections.

The court had directed that the affidavit specifically indicate the action already taken against defaulting establishments, including issuance of notices, sealing, demolition, prosecution, cancellation of permissions or any other coercive measures contemplated under law. The Commissioner was also directed to place on record a time-bound action plan indicating the measures proposed to be adopted for ensuring compliance with the statutory provisions by all such establishments functioning within its jurisdiction.

The earlier order had directed the Commissioner to undertake a comprehensive survey of all hotels, commercial establishments, coaching institutes and other buildings catering to the public within the jurisdiction of the Jammu Municipal Corporation. The exercise was to identify establishments functioning without sanctioned building plans or in violation thereof; those lacking mandatory parking facilities prescribed under applicable laws, Building Bye-laws and other statutory regulations; those operating without a valid Fire Safety Clearance/No Objection Certificate or having deficient fire safety measures; and those functioning without any other mandatory statutory permission, licence or clearance required under applicable laws.

Upon completion of the exercise, the Commissioner was directed to issue fresh notices, wherever such notices had not already been issued, to all defaulting establishments, calling upon them to explain the violations and rectify deficiencies within the period prescribed under the relevant statutory provisions.

In cases where notices had already been issued on 20.05.2024, the Commissioner was directed to place on record the action taken in pursuance thereof. Thereafter, appropriate proceedings were to be initiated and concluded strictly in accordance with law against every defaulting establishment, without discrimination, including, wherever warranted, sealing of the premises, demolition of unauthorized constructions, withdrawal of permissions, closure of establishments, prosecution and recovery of penalties or such other action as may be permissible under law.

The court had also directed the Commissioner, Jammu Municipal Corporation, to coordinate with the Director, Fire and Emergency Services, the Vice Chairman, Jammu Development Authority, the Inspector General of Police (Traffic), and all other concerned departments.

The affidavit was also required to specifically indicate the timeline within which the entire exercise of survey, identification of defaulting establishments, issuance of notices and consequential action was proposed to be completed. The court further noted that the affidavit required to be filed by the Commissioner was to be prepared in coordination with the Director, Fire and Emergency Services, the Vice Chairman, Jammu Development Authority, the Inspector General of Police (Traffic) and all other concerned departments.

Accordingly, Monika Kohli, Senior AAG, and senior counsel Adarsh Sharma have also been directed to appear before the court on the next date of hearing.